To copyright a game, protect its original, expressive elements, like the source code, artwork, and story, by registering it with the copyright office.
So, you’ve poured your heart and soul into crafting a brilliant game? Naturally, you’re thinking about protecting your creation. The question of how to copyright a game is a crucial one for any developer or creator wanting to safeguard their hard work from infringement. This process ensures your unique content receives legal protection.
Understanding the steps involved in how to copyright a game might feel complex initially, but it’s a vital process for long-term security and ownership. It is a straightforward process when you know where to begin, and this article will guide you through it.
How to Copyright a Game
Creating a game is a big achievement! You’ve poured your time, creativity, and probably a lot of coffee into bringing your digital or physical world to life. Now, you want to protect all that hard work. That’s where copyright comes in. Copyright helps you safeguard your game from being copied or used without your permission. Think of it as your personal “Do Not Disturb” sign for your creative project. Let’s explore how to protect your game with copyright.
What Exactly Does Copyright Protect in a Game?
Copyright law doesn’t protect ideas. It protects how those ideas are expressed. So, you can’t copyright the general idea of a puzzle game or a first-person shooter. But you can absolutely copyright the specific elements that make your game unique.
Elements Protected by Game Copyright
Here’s a breakdown of what you can usually copyright in a game:
- The Code: This includes all the programming code that makes your game work. Whether it’s C++, Java, Python, or any other language, your source code is copyrightable.
- Artwork: All the visuals – from character designs and backgrounds to user interfaces and logos – are protected. This covers 2D, 3D, pixel art, and any other style of artwork you use.
- Music and Sounds: Original soundtracks, background music, sound effects, and any other audio elements you create fall under copyright.
- Text and Story: The dialogue, story, in-game text, tutorials, and any other written material are protected. This applies to both the game’s narrative and any associated documentation.
- Game Design: The unique combination of elements that form the game such as a specific level layout with a distinct set of obstacles or game mechanics that are arranged in a specific way can be protected. This is where it gets a bit nuanced because game mechanics are very difficult to copyright when taken on their own.
Elements NOT Protected by Game Copyright
It’s important to understand that not everything related to your game can be copyrighted. Here are examples of elements that usually can’t be copyrighted:
- Game Mechanics: Basic game ideas, rules, and gameplay mechanisms. For example, you cannot copyright the concept of collecting coins or jumping over obstacles. However, very specific arrangements or novel uses of mechanics could have an argument for copyright.
- Game Genre: The genre of a game such as an RPG, Platformer or Strategy game.
- General Ideas: The overall concept of your game. You cannot copyright the general idea of a racing game, for instance.
- Titles: While you might be able to trademark a game title, titles themselves generally are not protected by copyright.
Why Bother Copyrighting Your Game?
You might be thinking, “Is all this copyright stuff really necessary?” The simple answer is yes, especially if you want to protect your work from unauthorized use. Here’s why:
- Protection Against Copying: Copyright gives you the legal power to stop others from copying, distributing, or making derivatives of your game without permission.
- Commercial Advantage: If someone copies your game, that could hurt your sales and revenue, meaning you lose money you should have earned. Copyright helps you maintain control over your game’s commercial use.
- Legal Recourse: If someone does infringe on your copyright, you can take legal action to recover damages, and ensure that they stop using your protected work.
- Peace of Mind: Knowing your work is protected gives you the freedom to share and promote your game with confidence.
Steps to Copyright Your Game: A Practical Guide
Here’s a straightforward process to copyright your video game, or other kind of game:
Step 1: Create Your Original Work
First and foremost, you need to actually create something original. Copyright only protects original works of authorship. The more distinctive and unique your game is, the stronger your copyright protection will be. Keep records of your development process. Save everything. Dates and files are your friend.
Step 2: Understand Copyright Ownership
Generally, the creator of the work is the copyright owner. However, there are some exceptions. For instance, if you create the game as part of your job, your employer might own the copyright through a work for hire agreement. It’s important to clarify ownership at the start of the development. Especially if you are collaborating with other people. Always make sure that you are clear and have written contracts with other people involved in the development process.
Joint Copyright Ownership
If you develop a game with other people, all creators share ownership of the copyrighted material. This means that all creators need to consent to the use of the material by outside parties. Always make sure to talk about and discuss with your collaborators, what would you do with your game. Discuss this and make sure that everyone is on the same page. Because this would prevent future problems.
Step 3: Register Your Copyright (Optional but Recommended)
While copyright exists from the moment you create the game, registering your copyright with your country’s copyright office offers significant advantages. Registration creates a public record of your ownership, and it’s usually a requirement to bring an infringement lawsuit in court.
Where to Register
The specific process and office you need to register with depend on your country. In the United States, you would register with the U.S. Copyright Office. In other countries, each country has its own copyright office.
- United States: U.S. Copyright Office
- Canada: Canadian Intellectual Property Office
- United Kingdom: Intellectual Property Office
How to Register
The registration process usually involves completing an application form, submitting copies of your work (like the game code and assets), and paying a fee. The process can be done online in most countries. Here’s a general outline:
- Visit the relevant copyright office website.
- Create an account or log in.
- Complete the online application form. This will include details like the title of your game, creator’s information, type of work (e.g. software, audiovisual), and publication details.
- Submit a copy of your game. This can be the game code, some game assets, or a video demo. Requirements vary by country.
- Pay the registration fee. Fees vary, too.
Timing is Key
While you can register your game at any time, it’s best to do it as soon as possible after development is completed, and before your game is released. This will ensure that you have all the benefits of copyright protection if you need to enforce your rights.
Step 4: Use Copyright Notices
Even if you haven’t formally registered your game’s copyright, using a copyright notice is a good practice. It’s a small step that signals ownership to anyone who comes into contact with your work. A standard copyright notice looks like this: “© [Year] [Your Name or Company Name]”. Place this notice on your game’s title screen, website, and any related materials.
Example
For example, if your game was created in 2024 by “Awesome Games Inc.”, your copyright notice might look like this: “© 2024 Awesome Games Inc.”
Step 5: Keep Thorough Records
Maintain detailed records of your game’s creation, including development dates, drafts, different versions, and all assets used. This documentation can be valuable if you ever need to prove ownership in a legal dispute.
Copyrighting Different Game Elements: Deeper Dive
Let’s delve further into copyrighting specific elements of your game:
Copyrighting Game Code
The source code of your game is usually the core part of your creation and you will need to protect it. This is why you have to treat the source code of your game, with care, and protection. All the unique lines of code written by your, is an asset that you need to protect. That’s why, you should always use the best practices that is available.
Copyrighting Game Art
Your game’s art is a crucial and unique part of your game and also, in general, is what attracts people to your game. Therefore, protecting the visuals, including characters, backgrounds, user interfaces, and even logos, is also essential. Make sure to also protect your unique game art that you created.
Copyrighting Game Music and Sounds
Original music and sound design are copyrightable, just like other creative expressions. Make sure to take care and protect your original music. This is also something that makes your game unique, and helps to differentiate your game from other titles. If you use audio created by other people, such as royalty free audio from the internet, make sure you have the right licenses to use them.
Copyrighting Game Text and Story
The narrative, dialogue, and written content in your game are important for game’s story and lore. Because, they make your game unique and immersive. All of this is protected by copyright law.
Protecting Your Game Beyond Copyright
While copyright is a crucial step, it’s not the only tool you have to protect your game. Here are other ways to think about protecting your work:
Trademarks
Trademarks protect your brand names, logos, and symbols. Registering your game title, company name, and logo as trademarks can prevent others from using similar marks that could cause confusion. This is crucial for building your brand recognition.
Patents
While less common in the game industry, patents can protect new and non-obvious inventions, such as unique game mechanics or technologies. It’s hard to patent game mechanics, but it may be possible if your game has a unique technical advancement. Consider consulting a patent attorney if you think your game might have patentable inventions.
Trade Secrets
If you have specific processes, algorithms, or other confidential information that gives your game a competitive advantage, you can protect them as trade secrets. Keep this information confidential and take steps to ensure that it doesn’t get out in the public. Some things are best protected by not letting anyone know about it. This may include the source code of an engine you developed.
Copyright Infringement and What to Do
Even with all the protections in place, copyright infringement can happen. If you believe someone is using your game’s content without permission, here are a few things you can do:
- Gather evidence: Collect as much evidence as possible to prove your ownership of the work and the infringement. This includes proof that you created the game, copies of the infringing work, and screenshots showing where the infringement occurred.
- Send a cease and desist letter: Contact the infringer and politely ask them to stop using your content. A cease and desist letter typically outlines your copyright ownership, the nature of the infringement, and a demand to stop the unauthorized use.
- Report Infringement: If the infringement is on a platform (like a website or social media), you can report the issue to that platform. Most platforms have procedures for handling copyright violations.
- Take Legal Action: If the other steps don’t work, you might need to take legal action and file a copyright lawsuit in court. This can be a complex process, so it’s best to consult with a copyright attorney.
Important Considerations for Game Developers
Here are some other aspects to keep in mind when copyrighting your game:
Collaborations and Contractors
When working with others, make sure you have written agreements that clearly outline who owns the copyright to the various parts of your game. These agreements will also help avoid future disputes. If you work with contractors, ensure that they transfer all their rights to the game to you. It is always good to have a detailed contract with everyone, so that there is no ambiguity.
Game Development Tools and Engines
If you’re using game development tools or engines, make sure you’re aware of their terms of use and licensing agreements. Some engines might require you to have certain licenses or may impact how you can copyright your game.
Public Domain and Creative Commons
Be careful when using elements from the public domain, or material licensed under creative commons. While these are generally okay to use, ensure that you check if you have to give credit, or if you are allowed to use it for commercial use, or not.
Protecting your game with copyright is a key step in securing your creative work. By understanding what copyright protects and taking the necessary steps to register your copyright and enforce your rights, you can control your intellectual property, and build upon your game, without having to worry about someone just stealing your work and calling it their own. Remember, your game is the product of your passion, hard work, and unique creative expression and you have every right to protect it.
What game designers should know about copyrights and trademarks | Zachary Strebeck
Final Thoughts
Copyright protects the creative expression within your game, like the code, art, and music. You gain automatic copyright upon creation, but registration provides significant benefits. It gives you legal standing to sue for infringement.
Registering with the copyright office strengthens your position. This process involves submitting your game materials and relevant fees. Understanding these steps helps clarify how to copyright a game. It is crucial for protecting your intellectual property.
You must actively enforce your rights. Vigilantly monitor for unauthorized use of your game’s elements. Doing so safeguards your creation effectively. This completes the process of how to copyright a game.
